IQBAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned State Public Prosecutor for the respondent No.1-Police. Perused the records.

(2.) The petitioner is a split up accused No.5 in a case registered in C.C.No.494/2002, on the file of J.M.F.C. II Court, Mangalore, Dakshina Kannada District, for the offences punishable under Sections 498-A , 504 , 506 r/w. Section 34 of IPC and Section 4 of Dowry Prohibition Act.

(3.) The learned counsel for the petitioner submits that, the other accused persons i.e., accused Nos.2, 3, 4 and 6 were already tried by the trial Court and they were all acquitted for the above said offences. The split up accused No.5 also stand on the same footing as that of the acquitted accused persons. The allegations made against the petitioner and other accused persons in the charge sheet are similar and they are intrinsically twined up facts. Therefore, the benefit of acquittal has to be extended to this petitioner also.